Scottish Parliament breached human rights says Court of Session

16th March 2012

The Court of Session, in a landmark judgement, has decided that the Scottish Government acted illegally in introducing legislation relating to agricultural tenancies in 2003. The legislation retrospectively prejudiced a landowner who had legitimately served a notice to bring an agricultural lease to an end and was inappropriate because of"its excessive effect and its arbitrary scope".

The decision brings to an end a long running argument on the validity of what was seen by many as a vindictive and wholly inappropriate piece of legislation. Lewis Kermack, a Senior Associate in Turcan Connell's Land & Property team, who had represented the landlord in the Land Court said:

"Turcan Connell were the principal instigators in advising landowners to take action to preserve the agreements they had freely negotiated with their tenants from interference from the Scottish Parliament and have steadfastly argued that landlords had been very materially prejudiced by manifestly unfair legislation. It is reassuring to see that the courts will act and preserve the rights of individuals in the face of unfair legislation."